SB 135 AM: "An Act relating to permanent fund dividend program notice requirements, to the ineligibility for dividends of individuals convicted of felonies or incarcerated for misdemeanors, and to the determination of the number and identity of certain ineligible individuals; and providing for an effective date."
00SENATE BILL NO. 135 am 01 "An Act relating to permanent fund dividend program notice requirements, to the 02 ineligibility for dividends of individuals convicted of felonies or incarcerated for 03 misdemeanors, and to the determination of the number and identity of certain 04 ineligible individuals; and providing for an effective date." 05 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 06 * Section 1. PURPOSES. The purposes of the amendments made to AS 43.23.005(d) and 07 43.23.028(b) in this Act are to obtain 08 (1) a source of additional funding for the state agencies listed in 09 AS 43.23.028(b); and 10 (2) reimbursement for some of the costs imposed on the state criminal justice 11 system related to apprehension, prosecution, conviction, incarceration, or probation of 12 individuals convicted of a felony and individuals who are chronic misdemeanants as 13 demonstrated by their being incarcerated as a result of a third or subsequent misdemeanor 14 conviction.
01 * Sec. 2. AS 43.23.005(d) is amended to read: 02 (d) Notwithstanding the provisions of (a) - (c) of this section, an individual 03 [WHO HAS BEEN CONVICTED OF A FELONY] is not eligible for a permanent 04 fund dividend for a dividend year when 05 (1) during the calendar year immediately preceding that dividend 06 year the individual was convicted of a felony; 07 (2) [,] during all or part of the [PREVIOUS] calendar year immediately 08 preceding that dividend year, as a result of the conviction of a felony the individual 09 was [IS] incarcerated; or 10 (3) during all or part of the calendar year immediately preceding 11 that dividend year, as a result of a third or subsequent conviction of a 12 misdemeanor, the individual was incarcerated. 13 * Sec. 3. AS 43.23.028 is amended to read: 14 Sec. 43.23.028. PUBLIC NOTICE. (a) By October 1 of each year, the 15 commissioner shall give public notice of the value of each permanent fund dividend 16 for that year. The notice and the stub attached to each individual dividend check must 17 [DISCLOSE THE AMOUNT] 18 (1) disclose the amount of each dividend attributable to income earned 19 by the permanent fund from deposits to that fund required under art. IX, sec. 15, 20 Constitution of the State of Alaska; 21 (2) disclose the amount of each dividend attributable to income earned 22 by the permanent fund from appropriations to that fund and from amounts added to 23 that fund to offset the effects of inflation; [AND] 24 (3) disclose the amount by which each dividend has been reduced due 25 to each appropriation from the dividend fund, including amounts to pay the costs of 26 administering the dividend program and the hold harmless provisions of AS 43.23.075; 27 (4) disclose the total amount that would have been paid during the 28 current fiscal year to individuals who are ineligible to receive dividends under 29 AS 43.23.005(d) if they had been eligible; 30 (5) include a statement that an individual is not eligible for this 31 dividend when
01 (A) during the calendar year immediately preceding this 02 dividend year the individual was convicted of a felony; 03 (B) during all or part of the calendar year immediately 04 preceding this dividend year, as a result of the conviction of a felony, the 05 individual was incarcerated; or 06 (C) during all or part of the calendar year immediately 07 preceding this dividend year, as a result of a third or subsequent 08 conviction of a misdemeanor, the individual was incarcerated; 09 (6) include a statement that the legislative purpose for making 10 individuals listed under (5) of this subsection ineligible is reimbursement for some 11 of the costs imposed on the state criminal justice system related to apprehension, 12 prosecution, conviction, incarceration, or probation of individuals convicted of 13 a felony and individuals who are chronic misdemeanants as demonstrated by their 14 being incarcerated as a result of a third or subsequent misdemeanor conviction; 15 and 16 (7) disclose the total amount appropriated for the current fiscal 17 year under (b) of this section for each of the separate categories listed. 18 (b) To the extent that amounts appropriated for a fiscal year do not 19 exceed the total amount that would have been paid during that same fiscal year 20 to individuals who are ineligible to receive dividends under AS 43.23.005(d) if they 21 had been eligible, the [THE] notice requirements of (a)(3) [(a)] of this section do not 22 apply to appropriations from the dividend fund to the 23 (1) crime victim compensation fund established under AS 18.67.162; 24 (2) [, TO THE] council on domestic violence and sexual assault 25 established under AS 18.66.010; 26 (3) Department of Revenue for operations of the child support 27 enforcement agency; 28 (4) Department of Public Safety; 29 (5) Department of Law; [,] or 30 (6) [TO THE] Department of Corrections [TO THE EXTENT THAT 31 AMOUNTS APPROPRIATED FOR A FISCAL YEAR DO NOT EXCEED THE
01 TOTAL AMOUNT THAT WOULD HAVE BEEN PAID DURING THE PREVIOUS 02 FISCAL YEAR TO INDIVIDUALS WHO ARE INELIGIBLE TO RECEIVE 03 DIVIDENDS UNDER AS 43.23.005(d) IF THEY HAD BEEN ELIGIBLE]. 04 * Sec. 4. AS 43.23.028 is amended by adding a new subsection to read: 05 (c) The governor may submit recommendations to the legislature regarding 06 appropriations to be made under (b) of this section. 07 * Sec. 5. AS 43.23.055 is amended to read: 08 Sec. 43.23.055. DUTIES OF THE DEPARTMENT. The department shall 09 (1) annually pay permanent fund dividends from the dividend fund; 10 (2) subject to AS 43.23.011 and paragraph (8) of this section, adopt 11 regulations under AS 44.62 (Administrative Procedure Act) that establish procedures 12 and time limits for claiming a permanent fund dividend; the department shall determine 13 the number of eligible applicants by October 1 of the year for which the dividend is 14 declared and pay the dividends by December 31 of that year; 15 (3) adopt regulations under AS 44.62 (Administrative Procedure Act) 16 that establish procedures and time limits for an individual upon emancipation or upon 17 reaching majority to apply for permanent fund dividends not received during minority 18 because the parent, guardian, or other authorized representative did not apply on behalf 19 of the individual; 20 (4) assist residents of the state, particularly in rural areas, who because 21 of language, disability, or inaccessibility to public transportation need assistance to 22 establish eligibility and to apply for permanent fund dividends; 23 (5) use a list of individuals ineligible for a dividend under 24 AS 43.23.005(d) provided annually by [ANNUALLY DETERMINE, IN 25 COOPERATION WITH] the Department of Corrections and the Department of 26 Public Safety to determine [,] the number and identity of those individuals 27 [INELIGIBLE FOR A PERMANENT FUND DIVIDEND UNDER AS 43.23.005(d)]; 28 (6) adopt regulations that are necessary to implement AS 43.23.005(d); 29 (7) adopt regulations that establish procedures for the parent, guardian, 30 or other authorized representative of a disabled individual to apply for prior year 31 permanent fund dividends not received by the disabled individual because no
01 application was submitted on behalf of the individual; 02 (8) adopt regulations that establish procedures for an individual to apply 03 to have a dividend warrant reissued if it is returned to the department as undeliverable 04 or it is not paid within two years of the date of its issuance; however, the department 05 may not establish a time limit within which an application to have a warrant reissued 06 must be filed; 07 (9) adopt regulations establishing an optional longevity bonus program 08 to provide for the direct payment by the department of an individual's permanent fund 09 dividend to an annuity program selected by the individual. 10 * Sec. 6. Notwithstanding the amendment to AS 43.23.005(d) made in sec. 2 of this Act, 11 for purposes of determining eligibility for 1996 dividends, AS 43.23.005(d) shall be applied 12 as though it had not been amended by this Act. The amendments made by sec. 2 of this Act 13 apply only to individuals convicted of offenses committed after the effective date of that bill 14 section. Convictions for offenses committed before the effective date of that bill section may 15 not be considered in determining the number of prior convictions for purposes of applying 16 AS 43.23.005(d)(3). 17 * Sec. 7. Notwithstanding the amendment to AS 43.23.028(b) made in sec. 3 of this Act, 18 the notice requirements of AS 43.23.028(a) do not apply to appropriations from the dividend 19 fund made for fiscal year 1996 to the crime victim compensation fund established under 20 AS 18.67.162, to the Council on Domestic Violence and Sexual Assault established under 21 AS 18.66.010, to the Department of Revenue for operations of the child support enforcement 22 agency, to the Department of Public Safety, to the Department of Law, or to the Department 23 of Corrections to the extent that amounts appropriated do not exceed the total amount that 24 would have been paid during fiscal year 1995 and fiscal year 1996 to individuals who are 25 ineligible to receive dividends under AS 43.23.005(d) if they had been eligible. 26 * Sec. 8. Sections 3 and 5 of this Act are retroactive to January 1, 1995. 27 * Sec. 9. Sections 1, 3, 5, 7, and 8 of this Act take effect immediately under 28 AS 01.10.070(c). 29 * Sec. 10. Sections 2 and 6 of this Act take effect January 1, 1996. 30 * Sec. 11. Section 4 of this Act takes effect January 1, 1997.